Legal Question in Family Law in Missouri
Relinquishing parental rights
The biological father of my child has never had anything to do with her. She is three years old now and he has only seen her once. Since I have Medicaid, he has been court ordered to pay child support. He is out of work and has had to file for assistance to even pay it. He also has other kids living with him. I would like to get him to relinquish all parental rights to my daughter. I am getting married in the next year or two and my fiance would like to legally adopt my daughter. Could you please give me some information on both giving up his rights and my fiance become legal guardian? Thank you.
1 Answer from Attorneys
Re: Relinquishing parental rights
I believe that it will be relatively straight forward for you to simply undertake what we refer to as a "step-parent adoption" after you remarry and wait the required period of time. The biological father will be given legal notice and an opportunity to sign a consent to the adoption, which when granted will relieve him of all legal obligations from that point forward and terminate any legal rights he might have in regards to the child. It will also mean that the child will never inherit from him or vice versa in the unlikely chance that the child would die first leaving any estate to which the father might claim an interest. The adoptive father will step into the legal place of the father for all intents and purposes. If you are located in the Eastern half of the state and are not represented by counsel, you may call me for a free telephone consultation at 314-727-2822.
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